부 록
부록 Ⅰ. 댐용수 재배분 관련 전문가 대상 설문지
Executive Summary
Ⅰ. Background and Aims of Research
❏ Necessity of research
ㅇ The paradigm of water management has been changed from water resources development to efficient use of water resources. In addition, the pattern of water demand has also changed to adopt the national policy emphasizing the harmony between human and nature.
ㅇ Because the vested rights to the use of dam water are maintained without regular evaluation and allocation, the discrepancy occurs between the water supply capacity and actual water demand. However, there has been no case that reallocated vested rights to dam water in South Korea so far.
ㅇ In order to effectively respond to changes in water demand and the water supply system that are caused by climatic and social changes, it is necessary to establish a system that can flexibly allocate water resources.
❏ Aims of research
ㅇ To establish the methodology for re-evaluating and reallocating the vested rights to dam water considering the climatic and social changes ㅇ To develop a framework to re-evaluate and reallocate the vested rights
to dam water and to suggest amendments to relevant laws
Ⅱ. Results of Research
❏ Identifying the necessity for allocating the vested rights to dam water ㅇ There are several water management issues in South Korea such as
changes in water supply due to climate change, changes in water demand due to changes in regional characteristics, changes in the paradigm of water management policy, conflicts over the allocation of dam water, and the need to secure the environmental ecological water.
ㅇ It is possible to create additional economic effects by increasing the efficiency of water supply facilities through dam water reallocation. The gap in water service levels in vulnerable regions can be reduced through infrastructure improvements. Therefore, dam water reallocation is one of the most important policies in responding to future water demand.
- According to one survey, all respondents said that the reallocation of dam water is necessary and the main reason is “to flexibly respond to changes in water supply and water demand” considering socioeconomic changes and climate change.
❏ Analysis of the legal system of dam water re-evaluation and reallocation ㅇ Dam water is prescribed by the Act on Construction of Dams and Assistance, etc. to Their Environs and the dam operation for water supply is determined by the Basic Plan for Dam Construction. Reallocation of dam water can be implemented through public notice as prescribed by Presidential Decree.
ㅇ Although re-evaluation of the current state of dam water rights was conducted and their reallocation was reviewed based on the relevant national plans, including the Long-term Comprehensive Water Resource
Plans and Long-term Dam Construction Plans, there is the lack of a legal basis.
ㅇ Since the rights to dam water are considered as a type of water right and the principle of prior appropriation is recognized, there has not been a single case that reallocated them so far.
ㅇ Because dam water which is a kind of as water right is conventionally recognized as prior appropriation, there is no case of dam water reallocation.
❏ Re-evaluation methodology of dam water and pilot application
ㅇ The purpose of the general re-evaluation of dam water is to evaluate the flood control capacity and water supply capacity and to adjust the flood control storage, conservation storage, and inactive storage.
ㅇ The existing dam re-evaluation system in Korea evaluates only the structural flood control capacity and the water supply capacity. The dam re-evaluations have been carried out several times, but the results are currently not disclosed.
ㅇ It is necessary to estimate the demand for domestic, industrial, agricultural, and environmental water based on the current population, industry, and agricultural status. The water supply capacity can be estimated by reflecting the changes in the dam storage capacity and the current climate and hydrological conditions.
ㅇ The amount of spare water in Yongdam dam is always about 1.2 cms (103,268 m3/day), with the maximum amount being about 6.4 cms (553,000 m3/day) if the water supply is adjusted as originally planned.
ㅇ If 10% of the annual water supply of Yongdam Dam is used as industrial water, the economic benefit will be about 195 billion won/year.
❏ Literature review related to principles and approaches of dam water reallocation
ㅇ The overseas case study about water reallocation was conducted based on the Helsinki rules, Watercourses Convention, international laws, and several reports.
ㅇ In the case of Korea, four principles of water allocation are derived rationality, equality, sustainability, and balance from the Framework Act on Water Management and Master Plans for National Water Management.
ㅇ As for the approach to dam reallocation, governance-based collective negotiation or administrative allocation are appropriate in consideration of socio-cultural conditions in South Korea.
ㅇ In reallocating dam water, the essential elements are 1) establishing consensus on the reallocation among stakeholders, 2) ensuring justification for reallocation effect, 3) establishing the governance based on discussion and consultation, and 4) establishing the mutual trust.
Ⅲ. Policy Development
❏ Development of a framework for dam water re-evaluation and reallocation ㅇ Surplus and shortage of dam water should be evaluated by closely analyzing
current water demand and water supply capacity, based on which the measures and countermeasures should be established accordingly.
ㅇ Especially, if there is a surplus of dam water, it should be allocated through governance-based collective negotiations and an administrative allocation based on the principle of reasonable water reallocation.
ㅇ The re-evaluation result of dam water and the agreed reallocation will be announced to change the Basic Plan for the Multi-purpose Dam
Construction Project.
ㅇ In particular, the re-evaluation result of dam water should be reflected in the implementation plans such as the River Basin Water Resource Management Plans and Basic Plans for Waterworks Installation and Management in order for it to be practically implemented.
❏ Suggestions for improving dam water re-evaluation and revising laws ㅇ The vested rights of dam water should be re-evaluated considering
current water demand and water supply capacity as follows.
- Dam water demand should be re-evaluated taking into account changes that occurred after the construction from aspects of society, economy, and the natural environment.
- Changes in dam storage and water supply capacity should be evaluated by considering the current climate and hydrological conditions and the storage decrease due to sedimentation.
ㅇ Re-evaluation of dam water is currently legally optional, but it needs to be changed to compulsory regulation for periodic re-evaluation of dam water capacities.
❏ Principles and implementation of dam water reallocation
ㅇ The main principles of ‘reasonable dam water reallocation’ are: equity, efficiency, and sustainability.
- According to a survey, sustainability (35.7%), rationality (29.4%), equity (19.8%), and efficiency (15.1%) are the most important principles of dam water reallocation.
- The sustainability of the environmental sector means that development is carried out taking future generations and the environment into account.
ㅇ To implement reasonable dam water reallocation, it is necessary to 1) establish governance, 2) improve the legal and institutional system, 3) recognize the necessity of reallocation, and 4) prepare the priority criteria for reallocation considering the basin characteristics.
❏ Establishment of governance for dam water reallocation
ㅇ The dam water reallocation should be based on the participation of stakeholders, centered on the national and basin water management committees.
- It is appropriate that the national and basin water management committees make the final decision on dam water reallocation, considering the legal status.
- In addition, the “Basin Meeting for Dam Water Reallocation” (tentative name) should be formed with stakeholders who are directly or indirectly affected by reallocation, and all members should participate in making make decisions after exchanging opinions and objective information.
❏ Law revision for reallocating dam water
ㅇ Article 9-3 of the Act on Construction of Dams and Assistance, etc. to Their Environs should be amended to include provisions on dam water reallocation.
ㅇ Matters regarding reasonable water allocation and reallocation based on the dam water re-evaluation should be additionally included in Article 22 (Functions of National Water Management Committee) and 24 (Functions of Basin Water Management Committee) of the Framework Act on Water Management.
Keywords: Dam Water, Vested Rights, Re-evaluation and Reallocation, Water Resources